Concord Municipal Code Art. V Maintenance and Operation of Taxicabs

(a) Failure to have operative taximeter. It shall be unlawful for any person to operate a taxicab without a properly operating taximeter.

(b) Standards for taximeters. All taxicabs operated under the authority of this article shall be equipped with taximeters which conform to all applicable state laws and regulations and shall be sealed by the county Sealer of Weights and Measures. All taximeters shall be located in the driver’s compartment in such a manner as to be visible to the passengers at all times, day and night, and after sundown the face of the taximeter shall be illuminated. The taxicab shall also be equipped with an overhead light which shall go out when the flag on the taximeter is placed in a recording position. The taximeter shall be sealed and operated mechanically driven either from the transmission or from one of the wheels. Each taximeter shall have thereon a flag or other means to denote when the vehicle is employed and when it is not employed. The driver shall throw the flag or place such taximeter into a nonrecording position upon the termination of each trip. The said taximeter shall be subject to inspection at any time by the Police Department and/or the county Sealer of Weights and Measures. Within 24 hours after a taximeter has been repaired, adjusted, or installed, the operator of the taxicab shall notify the County Sealer and request that he test it for accuracy.

(c) Posting of fares. There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a card not less than two inches by four inches in size, which shall have plainly printed thereon the name of the owner, the business address and telephone number of the owner, and a correct schedule of the rates to be charged for conveyance in the vehicle, including charges for waiting time and/or delivery of goods without a passenger. The card shall also contain the following notation: “Any complaints regarding service rendered may be made to the Concord Police Department Parking Services Unit, 925-671-3259.”

(d) Maximum rates of fare. It shall be unlawful for the owner or driver of any taxicab, as defined in this article, to fix, charge, or collect a rate in excess of the rate schedule as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(e) Rate hearing. Before any taxicab rate is adopted or modified, there shall be a public hearing by the City Council. The procedure for filing, fee, notice, date, and place of hearing shall be in accordance to the provisions of section 2.05.040 of this Code.

(f) Deduction from fare in case of breakdown. In case any taxicab shall become disabled or break down, while conveying passengers for hire, the time of stoppage shall be deducted from the time charged for.

(g) Telephone and two-way radio dispatch system; global positioning system.

(1) A comprehensive and adequate telephone and two-way radio dispatch system will be maintained at all times on a 24-hour basis. Such system shall include, either on the owner’s premises or by a business elsewhere under contract to the owner, the operation of a telephone answering line and an operator in charge thereof devoted to primarily and promptly answering telephone calls requesting cabs and to dispatching cabs by radio in response to such calls. The owner may propose an alternative dispatch system which shall be reviewed and approved by the Chief of Police who shall determine if the proposed alternative meets the requirements of this section. The owner will have ninety (90) days, from the date of permit issuance, to have the telephone and two-way radio dispatch system in operation. The Chief of Police may extend the time for compliance on a showing that, for reasons beyond the control of the owner, compliance is not possible within ninety (90) days. In the interim, the owner will have, in place, an adequate system to handle calls for service, i.e., cellular telephone, answering service, or pager. Failure to comply with this requirement is grounds for immediate suspension or revocation of the owner’s permit.

(2) All drivers shall be required to maintain a functioning, hands-free global positioning system (GPS) at all times while operating a taxicab.

(h) Minimum number of vehicles.

(1) The owner shall at all times maintain, in a fully operable condition, at least 80 percent of the total number of taxicabs for which an owner’s license has been granted.

(2) The owner shall have in operation, immediately available for taxicab service, the following minimum number of taxicabs for which an owner’s license has been granted:

a. Monday through Friday, excluding holidays: Weekdays

b. Holidays and weekends:

(Code 2002, § 118-88. Ord. No. 11-7)

Each taxicab so licensed shall have, on both sides and rear of the vehicle, the name of the owner, or name under which operated, the word “Concord,” and the number assigned to such vehicle by the Chief of Police. The type, design, and size required therefor shall be designated by the Chief of Police. At the time of the issuance of a permit for the operation of any vehicle hereunder, the Chief of Police shall assign a number to and for that vehicle.

(Code 2002, § 118-89. Ord. No. 11-7)

(a) Inspection of vehicles. Before a permit is issued or renewed to any owner, the owner must submit, to the Chief of Police, a completed taxicab inspection form showing that each vehicle to be permitted has successfully passed a safety inspection by both a licensed brake inspection station and the city Police Department taxicab inspection within the last thirty (30) calendar days.

(b) Right of police to enter vehicles. The Chief of Police, or any member of the Police Department under his direction, shall have the right, at any time after displaying proper identification, to enter into or upon any licensed taxicab for the purpose of ascertaining whether or not any of the provisions of this article are being violated and is authorized to effectuate an arrest for misdemeanor violations pursuant to Penal Code section 836.5.

(c) Removal of unsafe vehicles from service. Any permitted vehicle observed in operation within the city limits with a visible mechanical violation may be ordered out of service by the Chief of Police or his designee if the violation could result in a citation being issued. The mechanical problem is to be corrected by the following work day and the vehicle shall not be placed into service until it has been inspected by a member of the Concord Police Department Parking Services Unit. A reinspection fee may be charged pursuant to this section.

(d) Cleaning of vehicles. The interior of each taxicab shall be thoroughly cleaned at least once in each 24 hours.

(e) Use of most direct route required. The driver of any taxicab employed to transport passengers to a definite point shall take the most direct route possible that will safely carry the passenger to his destination.

(f) Refusal to pay fare. It shall be unlawful for any person to refuse to pay the lawful fare as fixed of any of the vehicles regulated by this article after employing or hiring the same. Any person so doing shall be guilty of a misdemeanor.

(g) Passenger maximum. No driver of any taxicab shall accept or take into his vehicle or transport any larger number of passengers than the lesser of either the rated seating capacity of or the number of operable seat belts in the vehicle.

(h) Exclusive use of taxicab by passengers. When a taxicab is engaged, the person or persons first hiring same shall have the exclusive right to the full and complete use of the passenger compartment and it shall be unlawful for the owner or driver of such vehicle to solicit additional passengers contrary to such right. Notwithstanding the foregoing, whenever the Chief of Police, or his representative, find that public necessity temporarily requires the grouping of passengers in taxicabs, permission may be granted by the Chief of Police, or his representative, for such grouping.

(i) Window blinds prohibited. It shall be unlawful for the driver of any taxicab to cause or permit any shade or blind to be drawn over any window of such vehicle while the same is occupied.

(j) Operable door handles and locks. The interior and exterior handles and locks for each door of the taxicab must be in good working condition and operable by passengers at all times. Failure to maintain handles and locks in working condition shall subject the taxicab to mandatory removal from service until such time as the inoperable items are repaired.

(k) Extra vehicular units. Any extra units maintained or otherwise kept by the permittee shall be used only if the regular unit is not available for service. All extra vehicular units must be inspected and permitted prior to being put into service. The following log is to be kept, covering each extra vehicular unit owned, maintained, or otherwise operated by the permittee:

(1) Number of the unit spare is replacing;

(2) On and off mileage of both units;

(3) Dates and times the extra units are used.

This log information shall be subject to inspection by the Police Department at any time.

(l) Reinspection fees. Whenever a taxicab has, as a result of an inspection by the Chief of Police or a member of the Police Department, under this section, been determined to not meet the requirements of this article and the vehicle is required to be reinspected for correction of such identified defects, then the owner of such vehicle shall pay, for each such reinspection, the fee set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The fee shall be paid prior to the reinspection.

(Code 2002, § 118-90. Ord. No. 11-7)

It shall be unlawful to drive or operate any taxicab in the city unless the owner thereof shall have obtained a motor vehicle liability insurance policy or policies from an insurance company authorized to issue such policies under the laws of the state, insuring the vehicle operation by the owner and covering each vehicle insured under such policy or policies. Each vehicle insured shall be designated by number and state license number. Such policy of insurance shall guarantee the payment to any and all persons suffering injuries or damage to personal property of any final judgment rendered against such owner or driver with the limits as set forth in section 5.95.130(6). Evidence of such insurance shall be by written certificate or certificates of such insurance corporation, including a separate endorsement naming the city as an additional insured, filed with the City Clerk. Failure to maintain motor vehicle liability insurance as provided herein shall be grounds for immediate suspension of the owner’s permit to operate.

(Code 2002, § 118-91. Ord. No. 11-7)

Each motor vehicle liability policy required under the provisions of section 5.95.330 of this article, in addition to the provisions required therein under the laws of the state, shall provide coverage under the National Standard Liability Form or other form as approved by the City Attorney and shall also provide that:

(1) Such policy covers a schedule of any and all taxicabs which may be driven or operated by or for the owner insured under the policy;

(2) Such policy insures the owner, as defined in this article, and any other person driving, using, or responsible for the use of any taxicab covered by the policy, whether with or without the consent, expressed or implied, of the owner and also the city, against loss from liability for injury to, or death of, any person or damage to property arising from or growing out of the maintenance, operation, or ownership of any vehicle covered by the policy in the amount set forth therefor in section 5.95.130(6);

(3) Such policy is to be a continuing liability up to the full amount thereof, notwithstanding any recovery thereon;

(4) Such policy, in the event of the death of the owner, inures to and is for the benefit and protection of his successors in interest who may continue the operation of the taxicab service.

(Code 2002, § 118-92. Ord. No. 11-7)

Each certificate required under the provisions of section 5.95.330 of this article shall certify that the issuer thereof has issued a motor vehicle liability insurance policy or policies insuring the owner named in the certificate, and that each of the policies contains each of the provisions required to be therein as provided by section 5.95.340 of this article, and that none of the policies can or will be canceled, except upon 30 days’ prior written notice thereof to the City Clerk. All such certificates shall be subject to the approval of the City Attorney.

(Code 2002, § 118-93. Ord. No. 11-7)

(a) The driver of each taxicab shall keep a separate tripsheet of every service rendered as such driver, which tripsheet shall include the following information:

(1) Location where passengers entered vehicle;

(2) Time of entry;

(3) Number of passengers;

(4) Location where passengers were discharged;

(5) Amount of fare collected.

(6) Tripsheets being maintained by “on duty” drivers shall be surrendered for inspection to any police officer or designee of the Chief of Police upon request.

(b) The owner of every such taxicab shall keep said tripsheet in the office files for a period of one year after date of service rendered, and the same shall at all convenient times be open to examination by any representative of the Chief of Police. Office files must be maintained at the business address pursuant to the owner permit application. The falsifying of any tripsheet by an owner or by a driver shall be grounds for revocation of his permit.

(Code 2002, § 118-94. Ord. No. 11-7)

The driver of a taxicab authorized to operate in any other municipality or political subdivision to a destination within or beyond the city limits of the city shall not seek or accept passengers within the city. Violation of this section will be charged the fee set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 2002, § 118-95. Ord. No. 11-7)

(a) In the permit granted under the provisions of this article, there shall be designated a certain place or places where the permittee shall be allowed to stand the vehicle operated by him as a taxicab while awaiting employment. Such permit shall also state the number and kind of vehicles for which the permit is granted.

(b) The Chief of Police shall, in his sound discretion, determine the location of stands and the number granted to each owner; provided, however, that not more than one stand per owner shall be located upon both sides of a street within the limits of any one block. The Chief of Police shall have the power, in his sound discretion, to designate certain stands as public stands.

(c) The owner shall not permit any vehicle owned by him nor shall any driver cause any such vehicle to stand on any street while awaiting employment at any place other than the stand for which a permit has been granted to him as herein provided.

(d) Any stand designated by the Chief of Police, as provided herein, may be revoked at his pleasure; and it shall be unlawful for a permittee to occupy said stand with a taxicab after such revocation has been made and notice thereof given.

(e) No taxicab not currently in service shall be parked unoccupied or stored on a city street for more than 30 minutes. If the taxicab is immobilized due to mechanical failure, it shall be removed within 12 hours of the mechanical failure. All out of service taxicabs shall be parked or stored on private property. Taxicabs out of service due to mechanical failure shall not be stored in a residential area unless secured out of sight in a garage.

(Code 2002, § 118-96. Ord. No. 11-7)

No owner shall permit any taxicab operated by him and no driver shall cause any such vehicle to be parked unattended in any street stand for a period of time exceeding five minutes.

(Code 2002, § 118-97. Ord. No. 11-7)

Except as provided in section 5.95.320(h), no driver of any taxicab in the city shall at any time, unless said vehicle is filled to legal capacity, refuse to carry any person offering himself to be carried and tendering the fare for the same to any place in the route of said vehicle; provided, however, that such driver shall refuse permission to any person who is conducting himself in a boisterous or otherwise unruly manner.

(Code 2002, § 118-98. Ord. No. 11-7)